HomeMy WebLinkAbout2. PLN-20-00026 8847 ImperialSTAFF REPORT
PLANNING DIVISION
DATE: JUNE 3, 2020
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER
PREPARED BY: IRVING ANAYA, ASSOCIATE PLANNER
SUBJECT: PLN-20-00026 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
THE OPERATION OF A FULL-BODY MASSAGE ESTABLISHMENT
LOCATION: 8847 IMPERIAL HIGHWAY, SUITE H
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
Youchang Dai (hereinafter referred to as the “Applicant”) is requesting a Conditional Use Permit
(CUP) to allow the operation of a full-body massage establishment on the property located at
8847 Imperial Highway, Suite H. Pursuant to Code Section 9314.04, massage establishments
are allowed in the C-2 (General Commercial) zone with the approval of a Conditional Use
Permit and subject to standards set forth in Chapter 5 of Article VI of the Downey Municipal
Code. Based on the analysis contained in this report, staff is recommending that the Planning
Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-20-00026 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
THE OPERATION OF A FULL-BODY MASSAGE ESTABLISHMENT LOCATED AT
8847 IMPERIAL HIGHWAY, SUITE H, ZONED C-2 (GENERAL COMMERCIAL)
BACKGROUND
The subject site, also known as Imperial Plaza, is improved with two single-story multi-tenant
commercial buildings located on the northwest corner of Imperial Highway and Lakewood
Boulevard. The property is currently zoned C-2 (General Commercial) and has a General Plan
Land Use Designation of General Commercial. The properties directly abutting the subject site
to the north have a zoning designation of R-1 5,000 (Single-Family Residential) and to the
south, east, and west, the zoning is C-2 (General Commercial).
PC Agenda Page 1
8847 Imperial Hwy – PLN-20-00026
June 3, 2020 – Page 2
Street View of Subject Site
On September 21, 2016, the applicant was granted a CUP by the Planning Commission to
operate specifically a foot massage establishment at Suite “I” within the same commercial
center, as shown in the street view above. The applicant is now proposing to relocate to Suite
“H” and operate a full-body massage establishment.
As such, on February 6, 2020, the applicant submitted a Conditional Use Permit application to
request a full-body massage establishment on the property located at 8847 Imperial Highway,
Suite H. The application was reviewed by staff and deemed incomplete on March 5, 2020, due
to missing information. The applicant resubmitted the requested information and materials on
April 21, 2020. Staff deemed the application complete on May 18, 2020. The notice of the
pending public hearing was published in the Downey Patriot and mailed to all property owners
within 500’ of the subject site on May 21, 2020.
DISCUSSION
The subject site is approximately 25,326 square feet in size and is currently improved with two
multi-tenant commercial buildings that contain a total of 16 tenant spaces comprised of retail,
offices, medical, personal services and one restaurant use.
The proposed massage establishment will relocate and operate within a 2,000 square-foot
tenant space at the subject site. The massage establishment will offer full-body massages
including foot massages. Full-body massages will include a combination of body and foot
massages with optional time limits. The requested hours of operation are daily from 10:00 a.m.
to 10:00 p.m. On September 24, 2019, City Council adopted an Ordinance amending various
sections of the Downey Municipal Code regarding regulations for the establishment and
operation of massage establishments to protect the safety and general welfare of the
community. These changes were made to create a strict compliance for all massage
establishments within the city of Downey.
Proposed location
Suite ‘H’
Existing massage
location
Suite ‘I’
PC Agenda Page 2
8847 Imperial Hwy – PLN-20-00026
June 3, 2020 – Page 3
The Downey Municipal Code, in accordance with the California Massage Therapy Act, requires
that any person who performs massage within the City is required to have certification from the
California Massage Therapy Council (CAMTC). The CAMTC conducts background checks,
investigations, suspensions or revocations and generally acts as the regulatory authority for
practitioners. Massage establishments are prohibited from allowing non-certified persons from
performing massage services. Additionally, all massage establishment owners are required to
hold a CAMTC certification or pass a detailed background check by the Downey Police
Department. The applicant holds a valid CAMTC certification which require and is required to
maintain all regulations set by the state and the Downey Municipal Code.
The applicant is proposing a tenant improvement that will include a reception/waiting area, four
(4) foot massage chairs, seven (7) massage rooms equipped with appropriate lighting, massage
table and clean linen cabinet, an employee breakroom, laundry room, and two (2) existing
restrooms at the rear of the tenant space. The proposed tenant improvements will bring this
proposed use into compliance with current regulations for massage establishments within the
City of Downey. Staff will conduct an inspection prior to permit final approval to verify lighting
and all other required operational standards are compliant as shown on the proposed plans,
included as Exhibit ‘C’ for reference.
Along with the certification requirements for all massage practitioners, massage establishments
are also required to abide by new operational regulations. These requirements relate to lighting,
visibility, maintenance of records, as well as sanitary standards. Such standards have been
added as conditions of approval as well as integrated in the plans for the tenant improvement to
make certain that the establishment is in compliance with all current massage establishment
operating requirements.
During the review of the application, the Police Department made mention of concerns with
visibility into the establishment as well as ensuring that all employees follow the State
guidelines. As such, staff is recommending Conditions of Approval that tinting or covering of
windows is prohibited and any signage must comply with the Planned Sign Program for this site.
This is also to ensure compliance with the operational requirements within the Massage
Therapy Act which requires that pedestrians are able to see that there is a massage
establishment while still offering privacy for those experiencing full-body massages. Staff has
also included Conditions of Approval to reiterate and emphasize the CAMTC and operational
requirements for owners and employees of massage establishments. The Conditions require
owners to maintain a current roster of massage practitioners and their valid CAMTC certification
on file with the Planning Division at all times.
In addition to the abovementioned concerns it is noted that the application was submitted prior
to the current state of the COVID-19 pandemic. The applicant is seeking to move forward with
this review so they can obtain approval to move forward with tenant improvements and prepare
the business while they wait for clearance to open their facility. As such, staff is requiring that
the proposed establishment comply with any new and updated guidelines issued by the Centers
for Disease Control and Prevention (CDC) along with all updated LA County Health Department
regulations, in order to prevent the spread of the virus. The establishment will be required to
update such practices as the situation develops.
PC Agenda Page 3
8847 Imperial Hwy – PLN-20-00026
June 3, 2020 – Page 4
According to the site plan, there are 123 parking spaces, including 3 ADA accessible, on the
subject site. The parking lot is shared between the 16 tenants on site. Pursuant to Downey
Municipal Code Section 9712, the parking requirements for each tenant space are as follows:
Tenant Use Sq. Ft. Parking Ratio Requirement
Speedy Cash Professional
Office/Other Services 3,000 1 per 300 S.F. 10
Wireless Club Retail 500 1 per 250 S.F. 2
Dentistry Medical Office 1,843 1 per 200 S.F. 10
Acupuncture Medical Office 1,076 1 per 200 S.F. 6
Insurance Professional Office 924 1 per 300 S.F. 4
Tanning Personal Service 1,008 1 per 300 S.F. 4
No. 1 Nails Personal Service 1,205 1 per 300 S.F. 5
Prestige Barber
Shop Personal Service 1,800 1 per 300 S.F. 6
Proposed Panda
Foot Massage Personal Service 2,000 1 per 300 S.F. 7
Existing Panda
Foot Massage Personal Service 1,350 1 per 300 S.F. 5
Beauty/Nails Spa Personal Service 1,840 1 per 300 S.F. 7
Suda Fit Fitness/Health Club 2,880 1 per 300 S.F. 10
Little Caesars Pizza Restaurant 1,282 1 per 100 S.F. 13
Zealouz
Boutique/Alteration
s
Personal Service 598 1 per 300 S.F. 2
Tax Office Professional Office 1,040 1 per 300 S.F. 4
Physical Therapy Medical Office 2,930 1 per 200 S.F. 15
Total 110 spaces
Out of the 123 parking spaces provided on-site, the total required parking for all 16 uses,
including the proposed massage establishment, is 110 parking spaces. As such, the site will
have a surplus of 13 parking spaces.
DEVELOPMENT REVIEW COMMITTEE
On February 27, 2020, this project was reviewed by the Development Review Committee
(DRC). The Police Department reiterated that all employees are required to obtain proper
licenses and/or Police Permits before any operation or practice. In addition, there was
discussion concerning entrances into the massage rooms and removal of existing windows
between each room which were left by the previous office use. As such, staff has placed
conditions requiring curtains to be installed for each massage room entrance and remove/fill
each window opening. Also, the rear access of the tenant space shall be for employee access
only during business hours. The Fire, Building, and Engineering Departments did not have any
concerns regarding this request, beyond requiring compliance with current codes and the Los
Angeles County Health Department.
PC Agenda Page 4
8847 Imperial Hwy – PLN-20-00026
June 3, 2020 – Page 5
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing
Facilities). Class 1 consists of projects that involve no or negligible expansion of the existing
use. The project is categorically exempted under this Section because the proposed use is
contained within the existing building and will not result in an expansion of the building.
FINDINGS
Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit),
staff recommends that the Planning Commission make the following findings to approve the
request:
1.The requested conditional use permit will not adversely affect the intent and
purpose of this article or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The request to operate a full-body massage establishment will not adversely affect the
intent and purpose of the Municipal Code and General Plan since the use will provide an
additional service to the residents in the city. The subject property is within the C-2
(General Commercial) zone, which is intended to provide for and encourage the orderly
development of commercial uses, with a wide variety of goods and services, for the
residents of the entire City, with provisions designed to ensure that such commerce will
be efficient, functionally related, and compatible with adjacent noncommercial
development. The massage establishment is consistent with this intent since it will
relocate and occupy a vacant tenant space, and will operate without creating an impact
to the surrounding uses. The proposed use also complies with Policy 1.1.4 of the
General Plan, wherein it states that the City of Downey should provide an appropriate
amount of land area for people to acquire goods and services.
2.The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The proposed massage establishment will not adversely affect the adjoining land uses in
that the parking demand generated from the proposed use will be contained onsite and
require two more parking space than the previous location that occupied that tenant
space. Additionally, the proposed use will occupy an existing tenant space and will not
require expansion of the building because the use will entail interior tenant
improvements only. The adjoining land uses include a variety of commercial uses, such
as general retail, medical offices, professional offices, personal services, and a
restaurant. The use will provide an additional service for the adjacent residences, which
this will add diversity to the types of businesses in the area and can potentially draw
forth more clientele for the adjacent businesses. Access to the massage establishment
is from the east side of the existing building; therefore, pedestrian traffic will not produce
any additional noise for the residents to the north of the building. Additionally, access to
the adjacent residences is off Meadow Road; therefore, the new location for the use will
not hinder access to these residences.
PC Agenda Page 5
8847 Imperial Hwy – PLN-20-00026
June 3, 2020 – Page 6
3.The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area.
The site is able to allow the full development of the proposed use in a manner that is
consistent with the surrounding area. The subject site is 25,326 square feet comprised of
two (2) multi-tenant commercial buildings with a total of 16 tenant spaces. The tenant
space wherein the proposed use will be located is 2,000 square feet with no intended
additions to the building. The site has remaining parking for the uses on the site and the
proposed use will be contained within the existing space.
4.The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The proposed use will not impose an undue burden in the area in that the site is located
within an existing commercial center on the corner of Imperial Highway and Lakewood
Boulevard. The addition of this use in the vicinity will not impose an undue burden because
it will not generate a significant increase in traffic and the streets have sufficient capacity to
accommodate the new use and it will not require additional parking spaces.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained in this report, the proposed request to allow a full-body
massage establishment at the property located at 8847 Imperial Highway meets the findings
required for the approval of the Conditional Use Permit. Therefore, staff recommends that the
Planning Commission adopt the resolution approving the Conditional Use Permit, subject to the
conditions of approval provided therein.
EXHIBITS
A.Location Map/ Aerial Photograph & Zoning Map
B.Draft Resolution
C.Business Plan & Service Menu
D.Project Plans
PC Agenda Page 6
8847 Imperial Hwy – PLN-20-00026
June 3, 2020 – Page 7
Exhibit ‘A’ – Maps
AERIAL PHOTOGRAPH
Subject Site Subject Tenant
Space
PC Agenda Page 7
8847 Imperial Hwy – PLN-20-00026
June 3, 2020 – Page 8
LOCATION MAP
PC Agenda Page 8
8847 Imperial Hwy – PLN-20-00026
June 3, 2020 – Page 9
ZONING MAP
Subject Site
R-1 5,000
PC Agenda Page 9
RESOLUTION NO. 20-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A CONDITIONAL USE PERMIT (PLN-20-00026), THEREBY ALLOWING
THE OPERATION OF A FULL-BODY MASSAGE ESTABLISHMENT LOCATED AT 8847
IMPERIAL HIGHWAY, SUITE H, ZONED C-2 (GENERAL COMMERCIAL)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A.An application was filed by Youchang Dai (hereinafter referred to as the
“Applicant”) on February 6, 2020, requesting approval of a Conditional Use Permit
(PLN-20-00026) to allow a new full-body massage establishment, on the property
located at 8847 Imperial Highway, Suite H, Downey, and zoned C-2 (General
Commercial); and
B.Staff deemed the application incomplete on March 5, 2020. The applicant
resubmitted required materials on April 21, 2020 and Staff deemed the
application complete on May 18, 2020; and
C.On May 21, 2020, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published in
the Downey Patriot;
D.The Planning Commission held a duly noticed public hearing on June 3, 2020
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1), Existing Facilities
because the proposed use is contained within the existing building and will not result in an
expansion of the building.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A.The requested Conditional Use Permit will not adversely affect the intent and purpose
of this article or the City’s General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood thereof. The request to operate a
full-body massage establishment will not adversely affect the intent and purpose of
the Municipal Code and General Plan since the use will provide an additional service
to the residents in the city. The subject property is within the C-2 (General
Commercial) zone, which is intended to provide for and encourage the orderly
development of commercial uses, with a wide variety of goods and services, for the
residents of the entire City, with provisions designed to ensure that such commerce
will be efficient, functionally related, and compatible with adjacent noncommercial
development. The massage establishment is consistent with this intent since it will
occupy a vacant tenant space, add an additional service to the area, and will operate
without creating an impact to the surrounding uses. The proposed use also complies
PC Agenda Page 10
Resolution No. 20-_____
Downey Planning Commission
8847 Imperial Highway - PLN-20-00026
June 3, 2020 - Page 2
with Policy 1.1.4 of the General Plan, wherein it states that the City of Downey should
provide an appropriate amount of land area for people to acquire goods and services.
B.The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located. The proposed
massage establishment will not adversely affect the adjoining land uses in that the
parking demand generated from the proposed use will be contained onsite and
requires a lesser demand than the previous use that occupied that tenant space.
Additionally, the proposed use will occupy an existing tenant space and will not
require expansion of the building because the use will entail interior tenant
improvements only. The adjoining land uses include a variety of commercial uses,
such as general retail, professional offices, personal services, and a restaurant. The
use will provide an additional service for the adjacent residences, which this will add
diversity to the types of businesses in the area and can potentially draw forth more
clientele for the adjacent businesses. Access to the massage establishment is from
the east side of the existing building; therefore, pedestrian traffic will not produce any
additional noise for the residents to the north of the building. Additionally, access to
the adjacent residences is off Meadow Road; therefore, the new use will not hinder
access to these residences.
C.The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
The site is able to allow the full development of the proposed use in a manner that is
consistent with the surrounding area. The subject site is 25,326 square feet
comprised of two (2) multi-tenant commercial buildings with a total of 16 tenant
spaces. The tenant space wherein the proposed use will be located is 2,000 square
feet with no intended additions to the building. The site has remaining parking for the
uses on the site and the proposed use will be contained within the existing space.
D.The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The proposed use will not impose an undue burden
in the area in that the site is located within an existing commercial center on the corner
of Imperial Highway and Lakewood Boulevard. The addition of this use in the vicinity
will not impose an undue burden because it will not generate a significant increase in
traffic and the streets have sufficient capacity to accommodate the new use and it will
not require additional parking spaces.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the
Planning Commission of the City of Downey hereby approves this Conditional Use Permit (PLN-
20-00026) subject to the Conditions of Approval attached hereto as Exhibit A, which are
necessary to preserve the health, safety and general welfare of the community and enable the
Planning Commission to make the findings set forth in the previous sections. The conditions are
fair and reasonable for the accomplishment of these purposes.
PC Agenda Page 11
Resolution No. 20-_____
Downey Planning Commission
8847 Imperial Highway - PLN-20-00026
June 3, 2020 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of June 2020.
Miguel Duarte, Chairman
Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the 3rd day of June 2020,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________________
Mary Cavanagh, Secretary
Planning Commission
PC Agenda Page 12
Resolution No. 20-_____
Downey Planning Commission
8847 Imperial Highway - PLN-20-00026
June 3, 2020 - Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-20-00026)
PLANNING
1)The approval of Conditional Use Permit (PLN-20-00026) permits the operation of a full-
body massage establishment at 8847 Imperial Highway, Suite ‘H’.
2)Approval of this Conditional Use Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of the
City of Downey Municipal Code shall apply.
3)The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
4)All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
5) The use approved herein must be executed within one year of approval or shall be
subject to revocation where this approval will be deemed null and void.
6) The Planning Commission reserves the right to revoke or modify this approval if the
proposed use becomes a public nuisance, finds the permit was obtained by fraud, the
approved use is not being exercised, the approved use is operated in violation of the
terms and conditions contained herein, or the approved use ceased or was suspended
for one year or more.
7)The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
8) The permitted hours of operation of the business are Monday through Sunday from
10:00 a.m. to 10:00 p.m. Customers shall not be allowed within the business outside of
these business hours.
9)No person shall give, or assist in giving of, any massage to any other person under the
age of eighteen (18) years, unless the parent or guardian of such minor person has given
consent thereto in writing.
PC Agenda Page 13
Resolution No. 20-_____
Downey Planning Commission
8847 Imperial Highway - PLN-20-00026
June 3, 2020 - Page 5
10)A list of all persons providing massage services at the establishment, including each
person’s full true name and other names used, photograph, and certificate from the
California Massage Therapy Council must be provided to the Planning Division prior to
issuance of a Business License. Any changes in practitioners must be reported to
Planning Division within two weeks of the change.
11)A list of all persons providing massage services at the establishment, including each
person’s full true name and other names used, photograph, and certificate from the
California Massage Therapy Council (CMTC) must displayed prominently on the
premises in a location that can be readily viewed by customers or City representatives.
12)A copy of this resolution shall be prominently posted on the premises at all times. The
applicant shall make available said copies upon request by any Police Officer or other
City official charged with the enforcement of the City’s laws, ordinances or regulations.
13)There shall be provided in each room, or portion of a room, where massage services are
provided, sufficient lighting of a minimum of 40 watts within each room that is providing
massage services and ventilation as required by the Massage Therapy Act.
14)The foot massage chairs shall remain in the front of the tenant space and never be
enclosed by walls or curtains or any type of screening used to wall off the foot massage
area.
15)There shall be provided and maintained adequate dressing and toilet facilities for patrons
at all times. Physical facilities for the massage establishment shall be maintained in good
repair and in a clean and sanitary condition. Restrooms utilized in the operation shall be
cleaned each day.
16)Any new signage shall require separate permits and must comply with the Planned Sign
Program for this commercial center.
17)All exterior doors shall remain unlocked during business hours from the interior side.
18)W indows shall be kept free and clear, except for permitted signs, such that the foot
massage and waiting areas are visible from the exterior of the space. In addition, nothing
shall be installed that would block the visibility into and out of the waiting room.
19)“Massage beds” as marked on the plans must be a table designed and manufactured for
medical and massage uses. No mattresses or sleeping beds allowed.
20)Each employee must be provided individual lockers on the premises of the massage
establishment.
21)If ownership of the establishment changes, operators of the massage establishment, and
any partner with a 5% of more interest in the business, must hold CAMTC certification or
are required to submit an application for a background check and Police Permit. This
condition must be met prior to new ownership taking control or possession of the
establishment. Additionally, every background check must be renewed every 2 years.
22)Operators of massage establishments must obtain a business license from the City of
Downey before commencing any commercial activity within the City.
PC Agenda Page 14
Resolution No. 20-_____
Downey Planning Commission
8847 Imperial Highway - PLN-20-00026
June 3, 2020 - Page 6
23)Massage Practitioners operating as independent contractors, not employees, within an
establishment must obtain a business license from the City of Downey before
commencing any commercial activity within the City.
24)The massage establishment must maintain a record of all services performed on site for
a period of 2 years and be made immediately available to City representatives upon
request. No information shall be used for any purpose other than enforcement of officials
who are charged with such enforcement.
25)All employees must be dressed in clean and opaque clothing from neck to knee,
excepting hands and arms, at all times while on the premises.
26)Each customer’s genitals must be fully covered at all times. No person shall massage the
genitals of any customer. No person shall massage any female customer whose breasts
are not covered by a sheet or other opaque clothing. No person shall massage any
female customer’s breasts.
27)Any changes to the services provided or business plan must be submitted to and
approved by the Planning Division prior to any change taking effect. If the proposed
change significantly alters to the use as described and approved through this CUP, the
change may be referred to the Planning Commission for review.
28)No persons other than those receiving a massage, parents or guardians of a minor who
is receiving a massage, and those administering a massage shall enter or remain within
a room where a massage is being given.
29)The massage establishment must maintain compliance with all provisions of the Downey
Municipal Code, Chapter 5 of Article VI, as it relates to the operation of massage
establishments.
30)All massage areas shall be separated from common areas be a curtain only. Doors shall
not be permitted for massage areas.
31)Any City Official authorized to enforce and uphold the Downey Municipal Code shall have
the right to periodically enter and inspect any establishment for the purpose of ensuring
compliance with all applicable laws and regulations.
32)The massage establishment shall operate in accordance with any new and updated
guidelines issued by the Centers for Disease Control and Prevention (CDC), Los
Angeles County Public Health and any other agency applicable to this establishment in
response to maintaining public safety from the current COVID-19 pandemic and any
future health concerns.
POLICE
33)The massage establishment operator or any partner with a 5% or more interest in the
business, who are not CAMTC certified, is required to submit an application for a
background check and obtain a Downey Police Permit from the Chief of Police or his or
her designee as outlined per Section 6554 and 6555 of the Downey Municipal Code. The
PC Agenda Page 15
Resolution No. 20-_____
Downey Planning Commission
8847 Imperial Highway - PLN-20-00026
June 3, 2020 - Page 7
application must be submitted fully completed by all person required to pass a
background check.
34)The background check application, for each person who is required to obtain one, is
required to be renewed every 2 years.
BUILDING
35)All construction shall comply with the most recent adopted City and State building codes:
2019 California Building Code
2019 California Electrical Code
2019 California Mechanical Code
2019 California Plumbing Code
2019 California Fire Code
2019 California Green Code
36)Special Inspections – As indicated by California Building Code Section 1704, the owner
shall employ one or more special inspectors who shall provide special inspections when
required by CBC section 1704. Please contact the Building Division at time of plan
submittal to obtain application for special inspections.
37)The Title Sheet of the plans shall include: Occupancy Group, Occupant Load,
Description of use, Type of Construction, Height of Building, Floor area of building(s)
and/or occupancy group(s).
38)School impact fees shall be paid prior to permit issuance.
39)Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
40)All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
41)The project design will conform with energy conservation measures articulated in Title 24
of the California Code of Regulations and address measures to reduce energy
consumption such as flow restrictors for toilets, low consumptions light fixtures, and
insulation and shall use to the extent feasible draught landscaping.
42)A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions’ Code.
43) Public and private site improvements shall be designed in accordance with the
Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan
shall include a site accessibility plan identifying exterior routes of travel and detailing
running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and
truncated domes. Path of travel shall be provided from the public right of way and
accessible parking to building. The design professional shall ensure that the site
accessibility plan is compliance with the latest Federal and State regulations.
PC Agenda Page 16
Resolution No. 20-_____
Downey Planning Commission
8847 Imperial Highway - PLN-20-00026
June 3, 2020 - Page 8
44)All massage areas shall be inspected and approved by the LA County Health
Department as part of the Building and Safety Department plan review process.
FIRE
45)The proposed occupancy use (e.g. massage services) shall comply with code
requirements for building’s use as a Business Group B occupancy adhering to
requirements for egress, egress sizing, occupant load, egress/emergency illumination,
building addressing, Knox box installation, and any other code requirements for the
occupancy type and use.
46)The tenant improvement, with construction of massage rooms, shall not be done as to
obstruct the occupancy’s existing fire sprinkler heads. Installation of massage room
walls shall be done as to insure the existing automatic wet sprinkler system is not
obstructed, impaired, or altered. Should it be necessary to alter (e.g. relocate) sprinkler
heads, a separate fire sprinkler modification permit shall be required by this agency.
Building owner shall furnish upon request any documents attesting to the building’s
automatic fire sprinkler system’s 5-year Title 19/NFPA 25 inspection and testing.
END OF CONDITIONS
PC Agenda Page 17
PC Agenda Page 18
PC Agenda Page 19
PC Agenda Page 20
PC Agenda Page 21
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